1. Introduction

This Market Loss Policy (the “Policy”) governs the rights and obligations of clients (“Client” or “Clients”) and Gold Australia (SA) Pty Ltd, trading as As Good As Gold (the “Company”), in circumstances where an order for precious metals is confirmed but subsequently cancelled or not fulfilled due to a failure of payment.

Precious metals are subject to rapid and unpredictable fluctuations in market value. In recognition of this inherent volatility, the Company enforces this Policy to ensure fairness, accountability, and legal clarity in the event of cancellation or default.

By confirming an order with the Company, the Client expressly agrees to be bound by the terms set out in this Policy.

2. Price Lock-In

2.1. Upon confirmation of an order, the transaction price for the relevant precious metal is deemed to be locked-in at the prevailing market rate as determined by the Company.

2.2. Once the price is locked-in, both the Client and the Company are contractually obligated to complete the transaction on those terms, subject to this Policy.

3. Cancellations and Payment Defaults

3.1. In the event that a Client cancels an order after price lock-in, or fails to remit payment within the required timeframe as specified by the Company, such action shall be deemed a cancellation or payment default.

3.2. The Client acknowledges and agrees that cancellations or defaults may cause the Company to suffer a financial loss due to adverse movements in the market price of the relevant precious metal.

4. Market Loss Liability

4.1. The Client shall bear sole and full responsibility for any market loss incurred by the Company as a direct consequence of the Client’s cancellation or payment default.

4.2. For the avoidance of doubt, market loss is defined as the difference (if adverse) between the locked-in transaction price and the prevailing market value of the relevant precious metal at the time the order is cancelled or deemed in default.

4.3. If the prevailing market value is higher than the locked-in price, the Company reserves the right to retain any resulting market gain. The Client shall not be entitled to claim, recover, or set off any such gain.

5. Calculation and Recovery of Market Loss

5.1. The Company shall calculate market loss acting reasonably and in good faith, based on market data available at the time of cancellation or default.

5.2. The Company reserves the right to:

(a) Deduct the amount of any market loss from funds already paid by the Client, including deposits or partial payments; and/or

(b) Pursue the market loss as a legally recoverable debt owed by the Client to the Company.

5.3. The Client acknowledges that the Company’s determination of the market loss, made in accordance with this Policy, shall be conclusive and binding, save in the case of manifest error.

6. Enforceability

6.1. By confirming an order, the Client acknowledges that this Policy forms part of the binding contractual relationship between the Client and the Company.

6.2. All transactions are final, non-cancellable, and enforceable under applicable Australian law.

7. Governing Law

This Policy shall be governed by, and construed in accordance with, the laws of South Australia and the Commonwealth of Australia. The Client irrevocably submits to the exclusive jurisdiction of the courts of South Australia for the resolution of any disputes arising under this Policy.

8. Contact

For any enquiries related to this Market Loss Policy, please contact:

Gold Australia (SA) Pty Ltd
Phone: 1300 295 833
Email: hello@asgoodasgold.com.au
Website: www.asgoodasgold.com.au
Address: Level 1, 161 Ward Street, North Adelaide SA 5006